GOSEK v. LUNT THEATRE COMPANY

5921N, 106990/95.

89 A.D.3d 418 (2011)

931 N.Y.S.2d 857

2011 NY Slip Op 7689

MIROSLAW GOSEK, Appellant, v. LUNT THEATRE COMPANY et al., Respondents. KAY CONSTRUCTION CORP., Fourth-Party Plaintiff, v. T & S MASONRY, INC., Fourth-Party Defendant-Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided November 1, 2011.


In 1995, plaintiff commenced this personal injury action to recover for injuries he suffered in 1992, when he fell from a ladder while working at defendants' premises. In 1998, after plaintiff filed his note of issue, the parties entered into a stipulation agreeing that the case would be removed from the trial calendar and discovery would be completed. In August 2000, plaintiff appeared for a neurological exam, and defendants served expert exchanges in September 2000. On...

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